Raymond Jacoub’s Answers

Raymond Jacoub

Pittsfield Criminal Defense Attorney.

Contributor Level 7
  1. Is an open container violation in MA anything to be concerned with?

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. Jessica Ann Foley
    3. Raymond Jacoub
    4. Michael Howard Erlich
    5. James M. Milligan Jr.
    6. ···
    6 lawyer answers

    If this is charged as a criminal offense the penalty is a minimum of $100 and a maximum of $500. M.G.L. c. 90, §24I. Although the Registry of Motor Vehicles does not list this offense as surchargeable, there are license suspension consequences if you are a junior operator (under 18). A conviction of the open-container law for a junior operator would result in a 180-day suspension for a first offense and a 1-year suspension for a second-offense. M.G.L. c. 90, §24P(b). Even if you are...

    1 lawyer agreed with this answer

  2. What happens if I can't pay my probation fee what will happen?

    Answered almost 3 years ago.

    1. Dominic L. Pang
    2. Raymond Jacoub
    3. Eugene Lumelsky
    3 lawyer answers

    Non-payment of your probation-supervision fee will likely result in a violation of probation notice and an arraignment on a violation of probation proceeding - even if you are in compliance otherwise. You do not want a violation of probation on your record. How the scenario plays out depends on how much contact you've had with the probation officer and the degree of compliance with the other terms of probation, including monthly reporting requirements. It also depends on whether your...

    1 lawyer agreed with this answer

  3. I made a false accusation against someone, I am on probation, can I be violated, I didnt go to the police,

    Answered over 2 years ago.

    1. Terri D. Leary
    2. Henry Lebensbaum
    3. Raymond Jacoub
    4. Valerie J. Semensi
    4 lawyer answers

    You should not be violated for what you have done unless you involvement with these people somehow violates an express condition of your probation. For example, if you had indirect contact with someone you were prohibited from contacting as a condition of your probation, this might be considered a violation of your probation. Lying on a web site is not a crime in general. Making a false report of a crime to the police is a crime, but you indicated that you did not do that. Defaming...

  4. What do cops need to prove a selling/delivering alcohol charge?

    Answered almost 3 years ago.

    1. John E DeVito
    2. Raymond Jacoub
    2 lawyer answers

    To answer your question about the charge, you can be convicted if you procure (like at a liquor store) or furnish alcohol to a minor. "The word 'furnish' shall mean to knowingly or intentionally supply, give, or provide to or allow a person under 21 years of age..." M.G.L. c. 138, §34. If the prosecution can prove that you even allowed minors to drink at your apartment knowingly and intentionally, you can be convicted. So if there's a big party at your residence, and several of the guests are...

  5. I was caught shoplifting at Macy's in Massachusetts TODAY. I was not arrested, but LP told me that Macy's will prosecute me..

    Answered almost 3 years ago.

    1. Howard M Lewis
    2. John E DeVito
    3. Raymond Jacoub
    3 lawyer answers

    I agree with the last answer. Shoplifting is a misdemeanor, so you will be summoned to appear at a clerk-magistrate's hearing, also called a show-cause hearing, rather than to appear in court in front of a judge. The purpose of the magistrate's hearing is to determine whether there is probable cause to issue a criminal complaint, which would then require you to appear in court on an actual criminal case. It may be possible to stop the criminal complaint from issuing even if there is...

  6. How do you clear having a default warrant in MA?

    Answered almost 3 years ago.

    1. Erik Hammarlund
    2. Eric Schutzbank
    3. Raymond Jacoub
    4. Henry Lebensbaum
    4 lawyer answers

    It's best to clear the matter in court before the subject gets arrested on the warrant. If it's a minor offense, there might not be harm in going to the court directly. However, it's likely that there's something more than just a parking issue involved here for a warrant to have issued. Depending on what charges there are and the subject's history, the prosecution could ask for bail in theory. There are too many variables at play to answer the question without knowing more. Hiring an...

  7. How long can someone be detained in a dubai detention center?

    Answered almost 3 years ago.

    1. E. Alexandra Golden
    2. Raymond Jacoub
    2 lawyer answers

    I agree. One would have to be an expert in local law and, more importantly, local customs, to be able to answer that question. In all likelihood, one would benefit from knowing the right people in a situation like that, but a foreign-national's right to contact his UK consular official would be the best start.

  8. Do the courts have to dismiss charges if they put the wrong date of incidnet on the complain?

    Answered almost 3 years ago.

    1. Raymond Jacoub
    2. Dennis James Dressler
    2 lawyer answers

    If the date of offense is incorrect, and the error is clerical, then the Court will not be inclined to dismiss the complaint. The DA's office can move to amend the date of offense to correspond with the facts. If the error is not clerical, and the complainant misidentified you, then you have the right to present an alibi defense at trial. If the error is obvious, and there is insufficient information in the application for complaint (and the police report) to tie you to the offense, then you...

  9. Pretrial making a plea bargain

    Answered almost 3 years ago.

    1. Erik Hammarlund
    2. Raymond Jacoub
    3. Phil A. Taylor
    4. Henry Lebensbaum
    4 lawyer answers

    It's difficult to answer this question based upon the information provided. The only ways to resolve your case are by way of a change of plea, a dismissal (or entry of nolle prosequi) or trial. It's an adversarial system, and there might not be a need to speak to the prosecutor unless you have instructed your attorney that you are inclined to plead guilty. In rare circumstances, a prosecutor could be persuaded to dismiss charges, but your attorney would have to convince the prosecutor...

  10. Can the police say "if you dont tell us the truth, theirs gonna be a problem"

    Answered almost 3 years ago.

    1. Patrick T. Donovan
    2. Raymond Jacoub
    3. Dominic L. Pang
    4. Richard Timothy Jones
    4 lawyer answers

    The police cannot force you to answer their questions. See my article on the right to remain silent. Get an attorney. http://www.avvo.com/pages/show?category_id=6&permalink=what-exactly-is-your-right-to-remain-silent